89R3387 CJD-F
By: Darby H.B. No. 5517
A BILL TO BE ENTITLED
AN ACT
relating to sexually explicit artificially generated images and
videos.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 120, Business & Commerce
Code, is amended by adding Section 120.152 to read as follows:
Sec. 120.152. ACTION BY USER. (a) A user may bring an
action against a social media platform for appropriate equitable
relief to compel the platform to remove a sexually explicit
artificially generated image or video the posting of which
constitutes an offense under Section 21.165, Penal Code, and for
which the user submitted a good faith complaint under Section
120.102.
(b) A prevailing claimant in an action brought under
Subsection (a) may recover costs incurred in bringing the action,
including court costs and reasonable attorney's fees.
SECTION 2. Section 21.16, Penal Code, is amended by
amending Subsection (b) and adding Subsection (d-1) to read as
follows:
(b) A person commits an offense if:
(1) without the effective consent of the depicted
person and with the intent to harm that person, the person discloses
visual material depicting another person with the person's intimate
parts exposed or engaged in sexual conduct;
(2) either:
(A) at the time of the disclosure, the person
knows or has reason to believe that the visual material was obtained
by the person or created under circumstances in which the depicted
person had a reasonable expectation that the visual material would
remain private; or
(B) the visual material was created, adapted, or
modified as described by Subsection (d-1);
(3) the disclosure of the visual material causes harm
to the depicted person; and
(4) the disclosure of the visual material reveals the
identity of the depicted person in any manner, including through:
(A) any accompanying or subsequent information
or material related to the visual material; or
(B) information or material provided by a third
party in response to the disclosure of the visual material.
(d-1) For purposes of conduct prohibited under Subsection
(b), (c), or (d), visual material to which that conduct applies
includes a depiction of a person:
(1) who is recognizable as an actual person by the
person's face, likeness, or other distinguishing characteristic,
such as a unique birthmark or other recognizable feature; and
(2) whose image was used in creating, adapting, or
modifying the visual material, including computer-generated visual
material that was created, adapted, or modified using an artificial
intelligence application or other computer software.
SECTION 3. The heading to Section 21.165, Penal Code, is
amended to read as follows:
Sec. 21.165. UNLAWFUL PRODUCTION OR DISTRIBUTION OF CERTAIN
SEXUALLY EXPLICIT IMAGES OR VIDEOS.
SECTION 4. Section 21.165(a)(1), Penal Code, is amended to
read as follows:
(1) "Artificially generated image or ["Deep fake]
video" means an image or [a] video [, created with the intent to
deceive,] that includes a depiction of [appears to depict] a [real]
person:
(A) who is recognizable as an actual person by
the person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other recognizable
feature; and
(B) whose image was used in creating, adapting,
or modifying the image or video, including a computer-generated
image or video that was created, adapted, or modified using an
artificial intelligence application or other computer software
[performing an action that did not occur in reality].
SECTION 5. Section 21.165(b), Penal Code, is amended to
read as follows:
(b) A person commits an offense if, without the effective
consent of the person appearing to be depicted, the person
knowingly produces or distributes by electronic means an
artificially generated image or [a deep fake] video that appears to
depict the person with the person's intimate parts exposed or
engaged in sexual conduct.
SECTION 6. Section 43.26(i), Penal Code, is amended to read
as follows:
(i) For purposes of conduct prohibited under this section,
visual material to which that conduct applies includes:
(1) a depiction of a child:
(A) [(1)] who is recognizable as an actual person
by the person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other recognizable
feature; and
(B) [(2)] whose image as a child younger than 18
years of age was used in creating, adapting, or modifying the visual
material, including computer-generated visual material that was
created, adapted, or modified using an artificial intelligence
application or other computer software; or
(2) a depiction of a child, created using an
artificial intelligence application or other computer software,
that to a reasonable person is virtually indistinguishable from an
actual child younger than 18 years of age.
SECTION 7. Section 43.261(b-1), Penal Code, is amended to
read as follows:
(b-1) For purposes of conduct prohibited under Subsection
(b), visual material to which that conduct applies includes:
(1) a depiction of a minor:
(A) [(1)] who is recognizable as an actual person
by the person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other recognizable
feature; and
(B) [(2)] whose image as a minor was used in
creating, adapting, or modifying the visual material, including
computer-generated visual material that was created, adapted, or
modified using an artificial intelligence application or other
computer software; or
(2) a depiction of a minor, created using an
artificial intelligence application or other computer software,
that to a reasonable person is virtually indistinguishable from an
actual minor.
SECTION 8. Section 43.262(b-1), Penal Code, is amended to
read as follows:
(b-1) For purposes of conduct prohibited under Subsection
(b), visual material to which that conduct applies includes:
(1) a depiction of a child:
(A) [(1)] who is recognizable as an actual person
by the person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other recognizable
feature; and
(B) [(2)] whose image as a child younger than 18
years of age was used in creating, adapting, or modifying the visual
material, including computer-generated visual material that was
created, adapted, or modified using an artificial intelligence
application or other computer software; or
(2) a depiction of a child, created using an
artificial intelligence application or other computer software,
that to a reasonable person is virtually indistinguishable from an
actual child younger than 18 years of age.
SECTION 9. Section 120.152, Business & Commerce Code, as
added by this Act, applies only to a cause of action that accrues on
or after the effective date of this Act.
SECTION 10. Sections 21.16, 21.165, 43.26, 43.261, and
43.262, Penal Code, as amended by this Act, apply only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 11. This Act takes effect September 1, 2025.